King County prosecutor drops execution request for Michele Anderson

Decision comes after two Seattle juries declined to impose death sentences

Updated 11:22 am, Wednesday, July 29, 2015

Photo: Dan DeLong, Seattle Post-Intelligencer

Image 1of/34

Caption

Close

Image 1 of 34

Michele Anderson, pictured above in a file photo, is accused of killing her parents as well as her brother and sister-in-law, and their 5-year-old daughter and 3-year-old son. Her purported partner in the Christmas Eve 2007 slayings, boyfriend Joseph McEnroe, was spared a death sentence in May after being convicted in the massacre. less

Michele Anderson, pictured above in a file photo, is accused of killing her parents as well as her brother and sister-in-law, and their 5-year-old daughter and 3-year-old son. Her purported partner in the ... more

Photo: Dan DeLong, Seattle Post-Intelligencer

Image 2 of 34

The dead are Judy Anderson; her husband Wayne; their son Scott; Scott’s wife Erica Mantle Anderson; Scott and Erica’s children Nathan, 3, and Olivia, 5 ½. Senior Deputy Prosecutor Scott O’Toole described them as a “typical American family” trying to live the American dream. All were shot dead on Dec. 24, 2007.

There are currently nine men facing execution in Washington. Click through for a look at them, the three people King County prosecutors are trying to send to death row and the five killers executed in Washington since the death penalty was reinstated in the 1980s. less

There are currently nine men facing execution in Washington. Click through for a look at them, the three people King County prosecutors are trying to send to death row and the five killers executed in ... more

Photo: Department Of Corrections And Seattlepi.com Photos

Image 4 of 34

Jonathan Lee Gentry, pictured above in 2000, was sentenced to death on June 26, 1991 in Kitsap County. Gentry killed Cassie Holden on June 13, 1988.

Jonathan Lee Gentry, pictured above in 2000, was sentenced to death on June 26, 1991 in Kitsap County. Gentry killed Cassie Holden on June 13, 1988.

Photo: Depar

Image 5 of 34

Clark Elmore, pictured above in 2001, killed his girlfriend’s 14-year-old daughter, Christy Onstad, on April 17, 1995. He was sentenced to death on March 12, 1996 in Whatcom County.

Clark Elmore, pictured above in 2001, killed his girlfriend’s 14-year-old daughter, Christy Onstad, on April 17, 1995. He was sentenced to death on March 12, 1996 in Whatcom County.

Photo: Depar

Image 6 of 34

Now 63, Elmore is pictured above in his most recent Department of Corrections photo. He has been awaiting execution for 19 years.

Now 63, Elmore is pictured above in his most recent Department of Corrections photo. He has been awaiting execution for 19 years.

Photo: Depar

Image 7 of 34

Dwayne Woods, pictured 2000, was sentenced to death on June 25, 1997, in Spokane County. Woods killed Telisha Shaver and Jade Moore on April 27, 1996.

Dwayne Woods, pictured 2000, was sentenced to death on June 25, 1997, in Spokane County. Woods killed Telisha Shaver and Jade Moore on April 27, 1996.

Photo: Depar

Image 8 of 34

Dwayne woods, now 45, is pictured above in his most recent Department of Corrections photo. He has been on death row for nearly 18 years.

Dwayne woods, now 45, is pictured above in his most recent Department of Corrections photo. He has been on death row for nearly 18 years.

Photo: Depar

Image 9 of 34

This is Cecil Davis as shown in his most recent Department of Corrections photo. Now 55, he has been on death row for 17 years.

This is Cecil Davis as shown in his most recent Department of Corrections photo. Now 55, he has been on death row for 17 years.

Photo: Depar

Image 10 of 34

Cecil Davis, pictured above in 2001, was first sentenced to death in February 1998 in Pierce County for the murder of 65-year-old Yoshiko Couch. Davis broke into Couch’s home, raped her and then poisoned her with xylene. less

Cecil Davis, pictured above in 2001, was first sentenced to death in February 1998 in Pierce County for the murder of 65-year-old Yoshiko Couch. Davis broke into Couch’s home, raped her and then poisoned her ... more

Photo: Depar

Image 11 of 34

Dayva Cross, pictured above in 2001, was sentenced to death on June 22, 2001 in King County, for the March 6, 1999, murders of his wife Anouchka Baldwin and two stepdaughters, Amanda Baldwin and Salome Holly.

Dayva Cross, pictured above in 2001, was sentenced to death on June 22, 2001 in King County, for the March 6, 1999, murders of his wife Anouchka Baldwin and two stepdaughters, Amanda Baldwin and Salome Holly.

Photo: Dan DeLong, Seattle Post-Intelligencer

Image 12 of 34

And here’s Davya Cross in his most recent Department of Corrections photo. He is now 55 and has been awaiting execution for nearly 14 years.

And here’s Davya Cross in his most recent Department of Corrections photo. He is now 55 and has been awaiting execution for nearly 14 years.

Photo: Depar

Image 13 of 34

Allen Eugene Gregory, pictured above in 2001, stabbed his neighbor Geneine Harshfield to death on July 27, 1996. He was first sentenced to death on May 25, 2001 in Pierce County.

Allen Eugene Gregory, pictured above in 2001, stabbed his neighbor Geneine Harshfield to death on July 27, 1996. He was first sentenced to death on May 25, 2001 in Pierce County.

Photo: Depar

Image 14 of 34

Here’s how Allen Gregory appears at 42, in his most recent Department of Corrections photo. He has been on death row for nearly 14 years, though his death sentence was thrown out for a period of time.

Here’s how Allen Gregory appears at 42, in his most recent Department of Corrections photo. He has been on death row for nearly 14 years, though his death sentence was thrown out for a period of time.

Photo: Depar

Image 15 of 34

Robert Lee Yates, pictured above in 2000, killed Melinda
Mercer in 1997 and then KConnie Lafontaine Ellis in 1998. He was sentenced to
death on Oct. 3, 2002, in Pierce County.

Robert Lee Yates, pictured above in 2000, killed Melinda Mercer in 1997 and then KConnie Lafontaine Ellis in 1998. He was sentenced to death on Oct. 3, 2002, in Pierce County.

Photo: Associated Press

Image 16 of 34

Robert Lee Yates, pictured above in 2002, killed Melinda Mercer in 1997 and then Connie Lafontaine Ellis in 1998. He was sentenced to death on Oct. 3, 2002, in Pierce County.

Robert Lee Yates, pictured above in 2002, killed Melinda Mercer in 1997 and then Connie Lafontaine Ellis in 1998. He was sentenced to death on Oct. 3, 2002, in Pierce County.

Photo: Depar

Image 17 of 34

Conner Michael Shierman killed Olga Milkin, 28, her sons Justin, 5, and Andrew, 3, as well as Milkin’s sister, 24-year-old Lyubov Botvina. He stabbed each to death and then burned the Milkin home down in an effort to cover the July 2006 killings. He was sentenced to death May 5, 2010, in King County. He's pictured above in 2006. less

Conner Michael Shierman killed Olga Milkin, 28, her sons Justin, 5, and Andrew, 3, as well as Milkin’s sister, 24-year-old Lyubov Botvina. He stabbed each to death and then burned the Milkin home down in an ... more

Photo: Associated Press

Image 18 of 34

Conner Shierman, pictured in his most recent Department of Corrections photo, is now 33. He has been on death row for nearly five years.

Conner Shierman, pictured in his most recent Department of Corrections photo, is now 33. He has been on death row for nearly five years.

Photo: Depar

Image 19 of 34

Byron Eugene Scherf, who has since been sentenced to die for killing a corrections officer, is pictured above in 2001.

Byron Eugene Scherf, who has since been sentenced to die for killing a corrections officer, is pictured above in 2001.

Photo: Depar

Image 20 of 34

Byron Eugene Scherf, now 56, killed Correctional Officer Jayme Biendl on Jan. 29, 2011, at a state prison in Snohomish County. He was sentenced to die on May 15, 2013.

Byron Eugene Scherf, now 56, killed Correctional Officer Jayme Biendl on Jan. 29, 2011, at a state prison in Snohomish County. He was sentenced to die on May 15, 2013.

Charles R. Campbell, 39, was executed May 27, 1994, after being convicted of aggravated first-degree murder in Snohomish County. Above, Washington State Penitentiary in Walla Walla.

Charles R. Campbell, 39, was executed May 27, 1994, after being convicted of aggravated first-degree murder in Snohomish County. Above, Washington State Penitentiary in Walla Walla.

Photo: Mike Urban, Seattle Post-Intelligencer

Image 23 of 34

Jeremy Sagastegui, 27, was executed Oct. 13, 1998, after being convicted of aggravated first-degree murder in Benton County. Above, the death chamber at Washington State Penitentiary

Jeremy Sagastegui, 27, was executed Oct. 13, 1998, after being convicted of aggravated first-degree murder in Benton County. Above, the death chamber at Washington State Penitentiary

Photo: DAN DELONG/P-I

Image 24 of 34

James Elledge, 58, was executed Aug. 28, 2001, after being
convicted of aggravated first-degree murder in Snohomish County.

James Elledge, 58, was executed Aug. 28, 2001, after being convicted of aggravated first-degree murder in Snohomish County.

Image 25 of 34

Cal Coburn Brown, 52, was executed Sept. 10, 2010, after being convicted of aggravated first-degree murder in King County.

Cal Coburn Brown, 52, was executed Sept. 10, 2010, after being convicted of aggravated first-degree murder in King County.

Image 26 of 34

Joseph McEnroe and Michele Anderson are accused of killing six members of Anderson’s family on Christmas Eve 2007 at a Carnation home owned by Anderson’s parents. Both have admitted to the killings.

Joseph McEnroe and Michele Anderson are accused of killing six members of Anderson’s family on Christmas Eve 2007 at a Carnation home owned by Anderson’s parents. Both have admitted to the killings.

Image 27 of 34

The dead are Judy Anderson; her husband Wayne; their son Scott; Scott’s wife Erica Mantle Anderson; Scott and Erica’s children Nathan, 3, and Olivia, 5 ½. Senior Deputy Prosecutor Scott O’Toole described them as a “typical American family” trying to live the American dream. All were shot dead on Dec. 24, 2007.

Joseph McEnroe was convicted on six counts of aggravated first-degree murder on March 22. The jury that convicted him decided he should not face execution, as the prosecution had requested.

Joseph McEnroe was convicted on six counts of aggravated first-degree murder on March 22. The jury that convicted him decided he should not face execution, as the prosecution had requested.

Photo: JOSHUA TRUJILLO, SEATTLEPI.COM

Image 29 of 34

Michele Anderson is expected to be tried in the slayings early in 2016. An insanity defense has been expected.

Michele Anderson is expected to be tried in the slayings early in 2016. An insanity defense has been expected.

Photo: Dan DeLong, Seattle Post-Intelligencer

Image 30 of 34

King County prosecutors are also sought a death sentence against Christopher Monfort, a Des Moines man who killed Seattle Police Officer Timothy Brenton on Halloween 2009. Brenton was killed during a spree of attacks on police perpetrated by Monfort, whose attorneys claimed was insane at the time. A jury convicted Monfort but spared him execution. less

King County prosecutors are also sought a death sentence against Christopher Monfort, a Des Moines man who killed Seattle Police Officer Timothy Brenton on Halloween 2009. Brenton was killed during a spree of ... more

Photo: JOSHUA TRUJILLO, SEATTLEPI.COM

Image 31 of 34

Washington Gov. Jay Inslee has imposed a moratorium on executions, providing a reprieve to the men on the state’s death row as long as he is in office. Inslee has supported a more permanent end to the death penalty in Washington. Bills that would have eliminated it did not move forward during the current legislative session, and the Legislature’s appetite for ditching capital punishment remains unclear. less

Washington Gov. Jay Inslee has imposed a moratorium on executions, providing a reprieve to the men on the state’s death row as long as he is in office. Inslee has supported a more permanent end to the death ... more

Image 32 of 34

Nine men currently populate Washington’s death row. Six have been there for more than a decade. The longest serving, Jonathan Gentry, was first sentenced to die nearly 24 years ago; the newest addition, Byron Scherf, was condemned on May 9, 2013, eight months before Inslee announced his moratorium.

Nine men currently populate Washington’s death row. Six have been there for more than a decade. The longest serving, Jonathan Gentry, was first sentenced to die nearly 24 years ago; the newest addition, Byron

King County Prosecutor Dan Satterberg answered that question Wednesday with a no.

Satterberg announced prosecutors will no longer seek a death sentence against Anderson, who he described as equally responsible for the deaths of her parents, brother and sister-in-law, and the couple's two young children.

"We think the punishment should be equal," Satterberg said.

"This," the prosecutor continued, "is a victory for justice."

The decision means Anderson will not be the first woman to land on Washington’s death row since capital punishment was reinstated in the 1980s. She’ll still face a jury – her attorneys appear to be preparing an insanity defense, as she, like McEnroe, has repeatedly admitted to the slayings that saw six members of her family killed on Christmas Eve 2007.

"There's no quid pro quo for this action," the prosecutor said, emphasizing that no plea deal was struck with Anderson.

King County Public Defender Lorinda Youngcourt described Satterberg’s decision as “unquestionably the right one” while describing capital prosecutions as a misuse of taxpayer dollars.

“Not only is it right for Ms. Anderson, it’s also right for our community,” Youngcourt said in a statement following Satterberg’s announcement. “Death penalty cases are a huge drain on our resources – on the prosecutor’s resources, the public defender’s resources, the public’s resources. … It’s not how we should be spending our precious public resources.”

McEnroe and Anderson were living on her parents’ Carnation property in the months before the slayings. Both social outcasts, the pair met in a fantasy fiction writing forum and began dating. Inexplicably, they developed a shared loathing for Anderson’s parents and family.

All six victims were shot dead during the Dec. 24 rampage, beginning with Anderson’s parents. Prosecutors say McEnroe killed Anderson’s niece and nephew – 5 ½-year-old Olivia and 3-year-old Nathan – as their mother plead for their lives.

According to court papers, Anderson told police she and McEnroe first killed her parents – Judy and Wayne Anderson – and then waited for her brother Scott Anderson to arrive with his family. When they did, prosecutors contend Anderson shot her brother and sister-in-law, Erika Mantle Anderson, before McEnroe killed Erika, Olivia and Nathan.

Of the 19 states that don’t have the death penalty, five have abolished it since McEnroe and Anderson are alleged to have killed her family. According to the death penalty opponents, eight other states haven’t executed anyone in the past five years.

Washington’s death row, in part by design, has never run smoothly since capital punishment was reinstated. Of the nine men currently sentenced to death in Washington, six have been on death row for more than a decade. The longest serving, Jonathan Gentry, was first sentenced to die 24 years ago.

Gov. Jay Inslee announced a moratorium on executions in February 2014. Doing so, Inslee brought the slow-moving system to a halt without commuting the sentences of those currently on death row.

Legislative action could take the death penalty out of play permanently. Inslee has supported a more permanent end to the death penalty in Washington. Bills that would have eliminated it did not move forward during the most recent legislative session, and the Legislature’s appetite for ditching capital punishment remains unclear.

Satterberg said he welcomed a larger debate on capital punishment in Washington. He stopped short of saying whether he'd support its abolition.

The expense of prosecuting a death case puts such efforts out of reach of most county prosecutors in the state. The death penalty has not been used evenly in Washington. Wealthy counties – the Seattle area and Spokane, basically – can afford to bring capital prosecutions, while sparsely populated ones cannot. Inslee’s leading staff member on the issue estimated that 32 of the state’s 39 counties couldn’t afford a death penalty prosecution.

Each of the men has been convicted of aggravated first-degree murder, a crime that carries a sentence of life without parole unless prosecutors seek and receive a death sentence.

Anderson remains confined pending trial, which is slated to begin in January. She is charged with six counts of aggravated first-degree murder. Prosecutors expect to formally withdraw the death notice later Wednesday.